annual report - Florida Commission on Human Relations

2013
A Year in Review
Florida Commission on Human Relations
ANNUAL REPORT
CONTENTS
2
Message from Our Leaders
3
Role of the Commission
4
FCHR Performance Highlights
5
FY 2010-11 & 2011-12 Comparisons
9
Graphic Comparisons
10
Sampling of Cases
11
Public Outreach
12
Florida Civil Rights Hall of Fame
13
Planning for the Future
14
Commissioners
FCHR Vision, Mission and Core Values
Mission
To prevent unlawful discrimination
by ensuring that all people in Florida
are treated fairly and have access to
opportunities in employment,
housing and certain public accommodations; and to promote mutual
respect among groups through education and partnerships.
Vision
To serve as the foremost resource
on human relations for the state of
Florida.
Core Values
• Every individual is to be treated
with dignity and respect
• The service we provide is impartial
and high-quality
• Communication with the public
is open and honest
• Everyone -- accuser and accused
alike -- is entitled to fair consideration and equal treatment
Message from Our Leaders
F
or nearly 45 years, the Florida Commission on Human Relations has steadfastly reinforced its mission to prevent
discrimination in employment, housing, and select public accommodations.
The Commission continually strives to ensure that persons in Florida have access to the many services and facilities that
should be available to and enjoyed by all, and that everyone is treated fairly and equally without regard to gender, color,
race, national origin, religion, age, disability, or familial or marital status.
Under the enthusiastic leadership of our appointed Commissioners, the Commission has an outstanding track record
of success and accountability. We are continually maximizing our efforts, doing more with less, to meet the constantlychanging needs of the Sunshine State.
With the continued hard work of our productive and innovative staff, we are Florida’s leading resource in human rights
– a state leader for our increasingly-changing and diverse state. Fair treatment, equal access, and mutual respect are the
benchmarks of the Commission’s commitment to the people of Florida, and are committed to help build and maintain
sustainable, inclusive, and peaceful communities across the entire state.
I want to extend my thanks to the Florida Commission on Human Relations team for their continued hard work and
enthusiasm towards serving all Floridians. Without them and their efforts, the accomplishments highlighted in this
document could not have been achieved.
Mario Valle
Chair
Florida Commission on Human Relations
Michelle Wilson
Executive Director
2
Annual Report
2012-2013
Role of the Commission
T
complained of wrongdoing by a co-worker.
he Florida Commission on Human Relations continues
to evolve into an invaluable resource – not just for
aggrieved individuals, but also for Florida’s business
community and state government itself. The Commission has investigated more than 75,000 cases since
it was statutorily established in 1969 to address discrimination.
When a complaint is properly filed, the Commission
NOT ONLY conducts a thorough investigation, but also
offers a mediation process that often produces a mutually-agreeable resolution in much less time. When an
investigation is completed, the Commission may issue a
finding of either “reasonable cause” or “no reasonable
cause” to support the allegation. Many cases end with
a finding of “no cause” by the Commission. After either
determination, the complainant may choose to pursue
the matter at the Division of Administrative Hearings –
with “cause” determinations also carrying the option of
going directly to court - for an entirely new proceeding.
Overseen by 12 Commissioners appointed by the
Governor and confirmed by the Senate, FCHR conducts
its business primarily under the authority of three
Florida laws:
• The Florida Civil Rights Act (Part I, Chapter 760 and
s. 509.092, F.S.) for allegations of discrimination in
employment or public accommodations
• The Florida Fair Housing Act (Part II, Chapter 760
F.S.) for allegations of discrimination in housing
• The Florida Whistle-Blower’s Act (s. 112.31895 F.S.)
for allegations of improper retaliation against state
agency whistleblowers
In the overwhelming majority of FCHR cases the division
reviews, it concurs with the Commission’s determination
more than 91 percent of the time. Whatever the outcome, the Commission process provides an important
service to all involved.
• For the person who feels so wronged that he or she
chooses to file a complaint, FCHR provides a neutral
forum for that complaint to be investigated and the
person’s rights to be protected.
• For the business accused of a discriminatory act,
FCHR represents a chance to resolve the matter
quickly with a “no cause” finding or a mediated outcome that avoids costly litigation.
• For the Florida taxpayer, FCHR helps limit caseloads
on crowded court dockets and even helps state
agencies avoid costly litigation resulting from state
employee discrimination claims.
The Commission is the state’s leading anti-discrimination agency. A work-sharing agreement between FCHR
and two federal partners – the U.S. Equal Employment
Opportunity Commission and the U.S. Department of
Housing and Urban Development – helps ensure that
complaints are properly investigated without duplication, whether they are initially filed with the Commission or one of the federal agencies.
The Commission’s activities are all directed toward a
simple goal: eliminating conflict. Conflict that may involve FCHR can arise in numerous ways – a woman
believes her employer has sexually harassed her . . . a
renter believes he has been denied housing because of
his race or age or religion . . . a state government employee believes she has been fired simply because she
Florida Commission on Human Relations
3
⇓
FCHR Performance Highlights
Incoming and Outgoing Case Statistics
• Cases received/resolved:
1. 1,611 (received)
2. 1,476 (resolved)
Legislative Long-Range Program Plan (LRPP)
• Percent of cases resolved within statutory timeframes: 67% (overall)
(Standard: 75%)
• Number of inquiries/investigations: 12,475 (Standard: 10,000)
• Percent of determinations upheld by DOAH: 86.7% (Standard: 80%)
Current Inventory Statistics - Backlog
The following statistics analyze the backlog of open cases under active investigation at the end of each month – Backlog is defined as the percentage of open
cases that have exceeded their statutory compliance limit.
• Employment: Averaged 46% FY 2012-13
• Housing: Averaged 82% FY 2012-13
• Public Accommodations: Average 66% FY 2012-13
• Working Inventory: Average 67% FY 2012-13 (Working Inventory includes
all housing, employment, public accommodations and whistle-blower cases
under active investigation)
4
Annual Report
2012-2013
Return on Investment
Cost Savings for Florida: A Conservative Estimate
T
he Florida Commission on Human Relations
offers mediation and conciliation services to
resolve discrimination complaints. This important role assures employees that their rights
are protected, while fostering a favorable climate
for job creators by preventing costly lawsuits.
Since 2006, the Commission has helped Florida
taxpayers and businesses avoid over $86M in
litigation expenses - over $12M per year. These
savings equate to an average Return On Investment (ROI) for the seven-year period of 166% for every $1 spent in the Commission’s budget, the
Commission has returned an additional $1.66 to
the state through its mediation and conciliation
services alone!
FY 2006-07 to FY 2012-13: Seven-Year Period
CASES MEDIATED AND CLOSED
COST SAVINGS TO FLORIDA
Successful mediation resolutions:
719
Average mediated settlement:
$14,480
“No Cause” cases (timely closed):
4,787
FCHR BUDGET/FTEs
Current Year: 2011-2012:
2010-2011: 2009-2010: 2008-2009: 2007-2008: 2006-2007: Dollars
$ 4,003,498
$ 3,881,248
$ 4,355,259
$ 4,337,704
$ 5,013,681 $ 5,827,845
$ 5,436,822
Average damage award (in court):*
Average FCHR mediation:
Average saved through mediation:
Number of mediation resolutions:
COST SAVINGS TO BUSINESS:
Positions
48.5
48.5
53.5
55.5
60.5
64.0
67.0
Note: Additional substantial savings come from FCHR’s
4,787 timely findings of “no cause,” - avoiding potentially costly circuit court litigation
* Source: Bureau of Justice Statistics, U.S. Department of Justice,
for 2006 discrimination cases; does not include attorney fees or
court costs
ROI = Annual Cost Savings - FCHR Annual Budget / FCHR Annual Budget
(where Annual Cost Savings = $134,125 - Average annual mediated settlement amount x # of successful mediated resolutions)
Florida Commission on Human Relations
$134,125
- $14,480
$119,645
x 719
$86,024,755
5
⇓
2012-13 By the
Numbers
Employment Cases
by Resolution Type
Incoming Cases
Employment Cases by Resolution Type 2012 /
2013
Incoming Cases
FY 2012-13
Emp.
P.A.
W.B.
Subtotal
Housing Total
1,298
57
54
1,409
202
1,611
Cases Resolved
Cases Resolved
FY 2012-13
Emp.
P.A.
W.B.
Subtotal
Housing Total
1,218
37
57
1,312
164
1,476
No Cause Finding Issued
866
Cause Finding
141
Settlements w/Benefits
80
Withdrawals w/Benefits
37
Admin: Withdrawals w/o Benefits
55
Admin: No Jurisdiction
21
Admin: Notice of Right to Sue
78
Admin: Filed Suit
3
Admin: Failure to Cooperate
0
Admin: Other Type of Closure
31
Total 1,312
Average Length of Investigation
Average Length of Investigation (days)
FY 2012-13
Emp.
P.A.
W.B.
All Emp.
Housing Total
Avg.
185
229
117
183
78
172
Cases Resolved Within Compliance
Percentage of Cases Resolved within Compliance
(180 days Emp./PA; 90 days WB; 100 days Housing)
FY 2012-13
Emp.
P.A.
W.B.
All Emp.
Housing Total
Avg.
46%
66%
10%
50%
82%
67%
Housing Cases
by Resolution Type
Houses Cases by Resolution Type
2012 /
2013
No Cause Finding Issued
97
Reasonable Cause Finding Issued
7
Successful Conciliations
12
Withdrawals w/Benefits
16
Admin: Withdrawals w/o Benefits
6
Admin: No Jurisdiction
14
Admin: Failure to Cooperate
9
Admin: Other Type of Closure
3
Total 164
6
Annual Report
2012-2013
⇓
2012-13 By the Numbers
Continued...
Cases Received by Type of Bases
Bases Received by Type of Basis
Age
FY 2012-13
360
Color
Disability
82
378
Fam./Mar
25
Nat. Origin
146
Race
441
Religion
49
Retaliation
562
Sex
434
Total Basis
2,477
EEOC Contract
EEOC Contract
FY 2012-13
Cases Submitted for Credit
238 of 1,145
Total %
21% as of December 31, 2013
Long Range Performance Plan (LRPP) FY 2012-13
LRPP Progress: FY 2011-2013
Completed Investigations (empl. & housing)
Intake Closures + Referrals
Technical Assistance (CMS) + Deferrals
TOTAL
1,396
183
1,579
425
295
720
1,719
8,457
10,176
Total Investigations + Inquiries
Florida Commission on Human Relations
12,475
7
⇓
FY 2011-12 & 2012-2013
Comparisons
Top 10 Counties for Employment & Housing FY 2011-12
Top 10 Emp./PA/WB Counties FY 2011-12
County
# Cases
Top 10 Housing Counties FY 2011-12
County
# Cases
Leon
430
Dade
54
Orange
127
Bay
11
Escambia
114
Orange
9
Volusia (tie)
86
Brevard
9
Bay (tie)
71
Sarasota
6
Alachua
64
Broward
5
Seminole (tie)
58
Seminole
5
Polk (tie)
51
Collier
5
Okaloosa (tie)
51
Volusia (tie)
5
Duval
48
Polk (tie)
3
Top 10 Counties for Employment & Housing FY 2012-13
Top 10 Emp./PA/WB Counties FY 2012-13
County
# Cases
Top 10 Housing Counties FY 2012-13
County
# Cases
Leon
240
Dade
39
Duval
113
Collier
19
Broward
75
Leon
15
Escambia
62
Brevard
13
Bay
59
Broward
12
Alachua
56
lake
10
Dade
50
Indian River
9
Brevard
50
Manatee
7
Marion
49
Marion
6
Lake
36
Alachua
6
8
Annual Report
2012-2013
⇓
FY 2011-12 & 2012-2013
Comparisons
Continued...
Race Based Resolutions
Asian
Black
Settlements
0
23
Withdrawals w/Benefits
0
Administrative Closures
FY 2011-12
Native Am
Other
White
0
3
1
27
5
0
0
3
8
4
27
0
6
10
43
No Cause
0
250
1
13
41
309
Cause
0
37
0
0
2
39
342
1
22
57
426
Other
White
Total Resolutions: 4
FY 2012-13
Native Am
Total
Asian
Black
Settlements
0
23
0
3
1
27
Withdrawals w/Benefits
0
5
0
0
3
8
Administrative Closures
4
27
0
6
9
42
No Cause
0
250
1
14
41
310
Cause
0
37
0
1
2
40
342
1
24
56
427
Total Resolutions: 4
Florida Commission on Human Relations
9
Total
Graphic
Comparisons
10
Annual Report
2012-2013
⇓
Sampling of Commission Cases
Housing-Disability
Employment-Race
A disabled woman had obtained an emotional support
animal after moving into a condominium she was renting.
The owners of the condo allowed her to keep the cat, however, the condo association refused the accommodation
and threatened to evict her. The complainant alleged that
the respondent’s action and denials of her support animal have further aggravated her disability. RESULT: The
Commission found reasonable cause that the association
discriminated against the woman due to her handicap.
A restaurant employee accused the restaurant owner
and several employees of creating a hostile working
environment when she was often called offensive, racist
names. After she brought this to the owner’s attention,
she was threatened with termination. RESULT: The Commission found cause that the employee was discriminated against based on her race and she was retaliated
against for engaging in a protected activity.
Employment-Age
Whistle-Blower Retaliation
A male maintenance technician had been employed for 22
years with the same company. When three positions were
up for terminations due to reduction in force, the three
employees chosen were all over the age of 65. The company claimed that the technician was terminated because
of a low performance evaluation. However, the investigation found that a younger employee with a much lower
evaluation was not terminated. RESULT: The Commission
found that the technician was terminated based on age
and not on his evaluation rating.
Through a grievance process, a man reported potential
harm associated with computer ethics in a center for
research at a state university. He accused its director of
gaining access to restricted data, and violating university
policy. He was subjected to harassment, unequal pay and
FMLA violations. RESULT: The Commission found reasonable cause that his employer subjected him to unlawful
whistle-blower retaliation.
Employment-Sexual Harassment
A woman, who had worked as a sales manager for four
years, alleged that she was harassed and terminated because of her sex. During the investigation, it was found
that the Vice President of Marketing consistently treated female employees in a rude and demeaning manner,
while male employees were not subjected to the same
treatment. RESULT: The Commission found cause for her
allegations, as it appeared that she was retaliated against
and terminated because she was a woman.
Florida Commission on Human Relations
11
⇓
FCHR Reaches Out To Floridians
The FCHR continues to make its presence known throughout the Sunshine State. FCHR staff has continued to maximize outreach and
educational efforts by offering Fair Housing training, sexual harassment training and presentations on the complaint process and the
benefit the Commission provides to the state.
Here are just a few of the outreach efforts provided by FCHR staff in its effort to share our story and to tell others how we serve as the
foremost resource on human relations for the state of Florida:
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Protect Our Women Act Press Conference – Tallahassee
Presentations to Florida Civil Rights
Hall of Fame Poster contest winners
Presentation at an Advanced Executive Briefing - St. Augustine
General Counsel team participated
in the Annual Pro Bono Fair at The
Florida State University College of Law
Fair housing training at an event being
put on by the Small Cities CDBG in
Ocala
Fair housing flyer distribution activity Tallahassee and the surrounding areas
Presentation to the National Association of Property Managers - Sarasota
Presentation to participants at the
Lenders Consortium First Time Homebuyers’ Workshop - Tallahassee
Homebuyers’ Workshop – Housing
staff investigators attended classes at
the Leon County Public Library classroom and spoke for 15-20 minutes
about Fair Housing and FCHR
Diversity Training - 10th Judicial Circuit
of Florida (judges and staff), Bartow
Fair Housing training – Coastal
Property Services, Tallahassee and
Panama City Beach
Fair Housing training - Prudential
Florida Realty, Naples
Fair housing posters and brochures
mailed to numerous Florida libraries
throughout the state (Housing staff)
Fair housing training- Engel and Volkers
law firm, Naples
Tallahassee Housing Authority; presented to administrative, managerial
and maintenance personnel (Housing
staff)
Fair Housing training , Realtors of VIP
Realty, Naples
Overview of the FCHR – 13th Judicial
Circuit, Stuart, Florida (judges and
court staff
Fair Housing training (student housing)
- Boardwalk at Appleyard Apartments,
Tallahassee
Safety of Victims of Domestic Violence
- VAWA Housing Forum and Economic
Justice Institute, sponsored by the
Florida Coalition Against Domestic
Violence; Advanced Executive Briefing –
Employment Law for HR Directors
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and Lawyers, World Golf Village, St.
Augustine Florida
What’s New at Alphabet Agencies –
Presentation to Palm Beach County
Bar Association
Employment and Pro Bono Opportunities at FCHR - Florida State University
College of Law Annual Pro Bono Fair
Fair Housing training – By The River
independent affordable senior housing,
Sebastian
Kick Off Fair Housing Month – Canopy
Oaks Elementary School, Tallahassee,
Florida
Kick Off Fair Housing Month – Crawfordville Elementary School, Crawfordville Florida
Fair Housing training - Small Cities
CDBG Program, Department of
Economic Development, Ocala
Fair Housing Information and Flyer
distribution, Tallahassee and surrounding areas
Fair Housing Information and Flyer
distribution, Tallahassee and surrounding areas
Reasonable Accommodation Requests
for Support Animals - National
Association of Property Managers,
Sarasota
Fair Housing Information and Flyer
distribution – Havana
Fair Housing training – African American
Real Estate Agents
Fair Housing Information and Flyer
distribution – Tallahassee (Housing
staff)
Prevention and Enforcement of
Disability Rights Laws, Florida State
Courts System ADA Coordinators
Expert Panel Participation, Tampa Bay
Mother-Baby Summit, St. Joseph’s
Hospital, Tampa. Topics included
civil rights of pregnant breastfeeding mothers in the workplace and
pregnancy as a protected basis in federal law and proposed state legislation
Florida Association of Community Relations Professionals (FACRP):
Conference Call. Topics included proposed 2013 state legislation affecting
employment/housing discrimination
and current trends and issues facing
the Commission
What the Commission Does and How
12
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It Can Help – Employment and housing
staff display and information table,
Civil Rights Hall of Fame Induction
Ceremony
Fair Housing training - in partnership
with the City of Tallahassee/Leon and
Wakulla counties
Fair Housing Information and Flyer
distribution – Quincy (Housing staff)
Regional Fair Housing Summit, 2013,
Orlando
Sessions Sexual Harassment - Florida
Supreme Court Staff
Cultural Diversity – Tallahassee Community College
Cultural Diversity – Division of Risk
Management, Florida Department of
Financial Services
Alternate Dispute Resolution –
Division of Risk Management, Florida
Department of Financial Services
Housing Discrimination – Florida
Department of Economic Opportunity
Public Employment Labor Relations
Forum – Florida Bar
Sexual Harassment – Division of Risk
Management, Florida Department of
Financial Services
Fair Housing Symposium – Legal
Services North Florida
Fair Housing – Legal Services MidFlorida
FCHR Introduction and Fair Housing
Laws – Tallahassee Lenders’ Consortium
- Homebuyers’ Orientation (every two
weeks)
Fair Housing – Pensacola Association
of Realtors
Regional Fair Housing Summit – City
of Orlando and Orange County
Fair Housing – Osceola County’s
Human Service Department
Fair Housing – Community Development Block Grant workshop
Housing Connection – 2012 Homebuyer Showcase, Tallahassee Lenders’
Consortium
Risk Management Webinar Training–
State Employee Discrimination Claims
and Settlements
Annual Report
2012-2013
⇓
Florida Civil Rights Hall of Fame
Florida Civil Rights Hall of Fame: ~Inaugural event a great success~
“This year’s three inductees have acted on their conviction and truly made a difference in the countless lives here in
our state and around the country. We must continue to honor their legacy by working to ensure that all Floridians have
access to a great education so they can live their version of the American Dream.” - Michelle Wilson, Executive Director
of the Florida Commission on Human Relations
On April 25, 2013, Governor Rick Scott honored this year’s inductees to the Florida Civil Rights Hall of Fame during a
ceremony at the Florida State Capitol. Judge James. B. Sanderlin, Margarita Romo and Harry T. and Harriette Moore
were this year’s inductees. Governor Scott chose these three individuals from a list of 10 distinguished nominees
submitted by the Florida Commission on Human Relations for their significant contributions to the improvement of
life for minorities and all citizens of the great state of Florida.
The ceremony was opened up by Shonda Knight, co-anchor at WCTV in Tallahassee, followed by the invocation
presented by Reverend Dr. Joseph T. Wright, Pastor of Jerusalem Baptist Church. After Lincoln High School’s Naval
Junior Reserve Officer Training Corp’s Presentation of Colors, America the Beautiful was performed by the Tallahassee
Girls’ Choir of Choice and 8th Grade Violinist Samantha Crawford of the Swift Creek Middle School.
After Rodney Lawrence Hurst, Sr., keynote speaker, spoke on “The
Struggle Continues,” Governor Scott presented commemorative
letters and plaques to Raymond F. Sanderlin, brother of Judge
James. B. Sanderlin; Juanita Evangeline Moore, granddaughter of
Harry T. and Harriet Moore; and Margarita Romo.
Each year, as authorized in the Florida Statues, the Governor is
to select up to three inductees from among 10 finalists submitted
by the Florida Commission on Human Relations. The Commission
encourages Floridians to nominate individuals who have made
significant contributions and provided leadership toward
Florida’s progress and achievements in civil rights.
Florida Commission on Human Relations
13
⇓
Prioritizing for the Future
1. Continue to conduct thorough, high-quality
and timely investigations of discrimination
complaints:
two other district courts of appeal found that discrimination based on sex did include pregnancy).
Would assure Florida law complies with federal
substantial equivalency requirements and enable
the courts to have clearer direction for deciding
cases
• Seek funds to relocate to state-owned office
space if determined to be fiscally beneficial to
the Commission and the state (vs. the private
lease the Commission currently has). Will enable the Commission to occupy currently vacant
state-owned office space; will help the Commission comply with employee to square foot office
space requirements
• Request for more positions to handle the increased
caseload and ensure timely completion of investigations, as well as to provide much-needed
education and outreach on discrimination laws,
rights and responsibilities to Florida individuals,
businesses and communities
• Request for a salary rate adjustment: $14,560
(GR); Will enable the Commission to attract and
retain highly qualified investigators needed to
handle complex discrimination cases in a timely
manner as mandated by Florida law
• Utilizing innovative management approaches
• Offering voluntary mediation services for mutually
acceptable and speedier resolutions
• Ensuring timely case closure to help avoid costly
litigation for the parties
2. Promote greater public understanding of discrimination issues and laws and engage community
members and leaders to address inter-group
tensions and discrimination:
• Providing education and outreach opportunities
to businesses, employers and the housing industry relating to their legal responsibilities under
federal and state discrimination laws
• Forming partnerships with private sector entities
and governmental agencies is critical to reaching
as many customers as possible
3. Promote public confidence in Commission services
through excellent Customer Service:
• Improving customer service efforts and outcomes through staff training, continuing education and the use of technology
• Ensuring even greater managerial efficiency,
effectiveness and accountability, while operating under the FCHR Governance Policy
• Ensuring meetings of the Commission are open
to the public and subject to Florida’s open
government laws relating to access, notice and
requests for meeting records
The Commission is seeking legislative approval
during the 2014 Session:
• Clarify discrimination based on pregnancy and
medical conditions relating to pregnancy and
childbirth (recent court opinion ruled that sex,
under the Florida Civil Rights Act of 1992, does
not include discrimination based on pregnancy –
14
Annual Report
2012-2013
COMMISSIONERS
2012-2013
Dr. Donna Elam
Orlando
Gilbert Singer,
Chair
Tampa
Mario Valle,
Vice Chair
Naples
Dr. Onella Fajardo
Miami
Dr. Elena Flom
Cocoa Beach
Michell Long
Jacksonville
Lizzette Romano
West Palm Beach
Gayle Cannon
Lake City
James Johns
Jacksonville Beach
Michael Keller
Tampa
Billy Whitefox Stall
Panama City
Florida Commission on Human Relations
2009 Apalachee Parkway, Suite 100
Tallahassee, FL 32301
Phone: (850) 488-7082
/
Toll-Free: 1-800-342-8170
/
Fax: (850) 488-5291
Web Site: http://fchr.state.fl.us
E-mail: [email protected]
For those with communication impairments:
The Florida Relay Service Voice (statewide): 711
TDD ASCII: 1-(800) 955-1339
TDD Baudot: 1-(800) 955-8771
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